Delaware part of settlement over deceptive practice allegations involving pharma company

Delaware and the attorneys general of 49 other states and the District of Columbia have reached a settlement with Boehringer Ingelheim Pharmaceuticals, Inc. regarding alleged off-label marketing and deceptive and misleading representations made in the promotion of four of its prescription drugs: Micardis, Aggrenox, Atrovent, and Combivent.

The settlement resolves allegations that the company engaged in a course of trade or commerce that constitutes unfair, deceptive, or misleading practices, by making misrepresentations on the drugs.

The allegations:

(1) misrepresented that its antiplatelet drug, Aggrenox, was effective for many conditions “below the neck,” such as heart attacks and congestive heart failure and that it was superior to Plavix® without evidence to substantiate that claim.

(3) misrepresented that Combivent could be used as a first-line treatment for bronchospasms associated with chronic obstructive pulmonary disease (COPD)

(4) falsely stated that Atrovent and Combivent could be used at doses that exceeded the maximum dosage recommendation in the product labeling and that they were essential for treatment of COPD.

The settlement requires BIPI to ensure that its marketing and promotional practices do not unlawfully promote these prescription drug products. Specifically, BIPI will:

Limit product sampling of the four drugs to health care providers whose clinical practice is consistent with the product labeling;

Refrain from offering financial incentives for sales that may indicate off-label use of any of the four drugs;

Ensure clinically relevant information is provided in an unbiased manner that is distinct from promotional materials; and

Provide that requests for off-label information regarding any of the four drugs are referred to BIPI’s Medical Division.

The settlement also requires BIPI to make payments to the states and the District Columbia that brought the case.

For Delaware, about $137,000 will go into the state’s Consumer Protection Fund, which pays for the Delaware Department of Justice’s work on consumer fraud and deceptive trade practice matters and other consumer-oriented investigations and legal actions.